Prosperity Policy: Avoid the wrong lessons from health board fiasco

It looks like the State Board of Health has another chance to get it right on medical marijuana.

Last month the board, against the recommendations of its own staff, voted 5-4 to adopt several last-minute rules on medical marijuana that flagrantly contradicted the language of State Question 788 approved by the voters in June. Amid massive public outcry, the attorney general quickly issued an advisory opinion identifying where the board had overstepped its authority.

The new Oklahoma Medical Marijuana Authority has now released a draft set of rules aimed at more closely conforming to SQ 788. The Board of Health is scheduled to vote on these this week.

Even assuming the board manages not to flub its do-over, it has inflicted permanent damage to its credibility, already depleted by its failure to exercise proper oversight over the Department of Health’s finances in recent years. Effective next year, the Legislature has already voted to transfer all duties and powers of the Board of Health to the commissioner of health, who will be appointed by the governor and serve at the governor’s discretion.

The Legislature also considered, but rejected, proposals to transfer full governing authority to agency directors appointed by the governor for the Oklahoma Health Care Authority, Department of Mental Health and Substance Abuse Services, Office of Juvenile Affairs, and Department of Corrections. The Board of Health’s latest fiasco has reignited calls to do away with governing boards and commissions for these state agencies and others.

Lawmakers should tread very carefully. Governing boards serve important roles that allow for oversight, accountability, and public involvement. Boards meet regularly in public, giving stakeholders whose lives are directly affected by agency decisions a chance to stay informed and provide input through open meetings and public comment periods. Expanding the governor’s authority may politicize the leadership of state agencies and make directors overly sensitive to the political interests of the governor, in ways that may not align with the agency’s mission.

The fact is, Oklahoma has in most cases been well-served by the current system of agency leadership and governance. Most of our agencies are led by effective directors and capable boards. There are certainly lessons to be learned from the Board of Health’s failures, but let’s not overcorrect in ways that reduce public accountability and transparency.

David Blatt is executive director of the Oklahoma Policy Institute, okpolicy.org.

Editor’s note: After this column was written, the Oklahoma Board of Health adopted revised rules on medical marijuana on Aug. 1.